Sec. 153.613 - Standard conditions.

The following standard conditions are made conditions of every WCF permit, authorization, or approval granted by the Town under this Section 153.600 et seq.:

(A)

The Town may establish a reasonable construction build-out period for WCFs and issued WCF permits may expire due to inactivity as provided for in this Code.

(B)

The WCF permit holder shall also comply with all other applicable requirements of this Code, including but not limited to building codes and provisions related to work in rights-of-way.

(C)

The WCF permit holder shall obtain and maintain all other applicable permits, approvals, and agreements necessary to install and operate the WCF in conformance with federal, state, and local laws, rules and regulations.

(D)

The Town may inspect permitted facilities and property and may enter onto a site to inspect facilities upon reasonable notice to the WCF permit holder. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the Town reserves the right to enter upon the site of the

WCF and to support, disable, or remove those elements of the WCF posing an immediate threat to public health and safety.

(E)

The WCF permit holder shall maintain on file with the Town and onsite at the WCF contact information of all parties responsible for maintenance of the WCF, including without limitation contact information for a representative of the facility operator, representatives of all wireless carriers utilizing the WCF, and representatives of all contractors and subcontractors responsible for maintaining the WCF.

(F)

The WCF permit holder and, if applicable, the private property owner shall defend, indemnify and hold harmless the Town of Woodside, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the WCF permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form,

tions or proceedings brought against the Town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the WCF permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form,

whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the WCF permit holder or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors ((i) and (ii) collectively are "actions"). Further, WCF permit holders shall be strictly liable for interference caused by their WCFs with the Town's communications systems. The WCF permit holder shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the Town attributable to the interference ("claims"). In the event the Town becomes aware of any such actions or claims the Town shall promptly notify the WCF permit holder and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the Town shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the Town's defense, and the property owner and/or WCF permit holder (as applicable) shall reimburse Town for any costs and expenses directly and necessarily incurred by the Town in the course of the defense.

(G)

A WCF permit may be terminated if the Town determines that the permit was granted based on false, misleading or incomplete information; if a material provision of the permit is no longer enforceable; or if the permit holder violates a condition of the permit, or modifies the WCF or support structures without permission.

(H)

The WCF permit holder shall make a good faith effort to minimize project-related disruptions to adjacent properties. Site improvement and construction work, including set-up, loading or unloading of materials or equipment, performed as part of this project is subject to the provisions of Section 151.55. Emergency maintenance and repairs are exempt from the restricted hours. Violation of this condition may result in issuance of a stop work order or administrative citations.

(I)

In addition to all other standard conditions of approval required under this Section 153.613, and to all conditions of approval permitted under state and federal law that the Planning Director may deem appropriate for a specific WCF, all Section 6409(a) modifications, whether granted by the Planning Director under the federal directive in 47 U.S.C. section 1455(a) or deemed granted by the operation of law, shall automatically include all the conditions of approval as follows:

(1)

In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, 47 U.S.C. section 1455(a), such that such statute would not mandate approval for the collocation or modification granted or deemed granted under a Section 6409(a) modification, such permit shall automatically expire 12 months from the date of that opinion;

(2)

A Section 6409(a) modification granted or deemed-granted shall not waive and shall not be construed or deemed to waive the Town's standing in a court of competent jurisdiction to challenge 47 U.S.C. section 1455(a) or any Section 6409(a) modification permit issued pursuant to 47 U.S.C. section 1455(a) or this Code.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.